Shaban Haghparast; Samad Yousefzadeh
Abstract
The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these ...
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The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these three aspects raise thisquestion: Is it principally necessary to have permission of the girl's gardener,before or after the marriage, in order for formal marriage to be treated as trueor false? If the answer is negative, what is the meaning of the first part of thisArticle adopted in 1991? Does the marriage of virgin girl that reached thepuberty age require her gardener or her father grandfather’s permission? Tothis end, the necessity of not having the virgin girl’s gardener permission, nomatter before or after marriage, existed in the nature of marriage. The virgingirl gardener’s permission is legally for registering the marriage. Thegardener’s right to end her daughter’s marriage by terminating the marriage ordivorce through her daughter’s request is an approach which is to beconsidered in this article by analysing it as the legislator's view.
Abdol Hossein Safaei; Mohammad Kazem Nezarat Moghaddam
Abstract
Rescue and salvage operations take place in many sea voyages. Numeroustechnical and legal problems may arise in these operations. The vessel whichproceeds to do this operation normally performs another job. By this operation,the vessel breaches her job contract. The rescue ships usually incur a lot of ...
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Rescue and salvage operations take place in many sea voyages. Numeroustechnical and legal problems may arise in these operations. The vessel whichproceeds to do this operation normally performs another job. By this operation,the vessel breaches her job contract. The rescue ships usually incur a lot of costsand damages in order to perform rescue operation. There are always manychallenges regarding costs and damages of rescuer in addition to the damageswhich the vessel may cause to the rescued ship. The rescue operation is a legalduty of ship masters; however, there should be a logic and legal method forcompensating the damages. This job is carried out either for the purpose of aneconomic interest or it is done morally on the basis of beneficence. This article,first, deals with legal aspects of the rescue and salvage operations on basis ofinternational conventions, common law, civil law and Iranian law. It thenexamines different methods for compensation
Mohammad Isaeei Tafreshi; Morteza Shahbazinia; Habib Ramezani Akerdi
Abstract
In dealing with the bankruptcy regime, the legislator requires legal entities tomanage this regime for specific purposes. One of these legal entities that plays asignificant role is “automatic stay”. This legal entity is designed to preventindividual action of creditors. Different factors ...
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In dealing with the bankruptcy regime, the legislator requires legal entities tomanage this regime for specific purposes. One of these legal entities that plays asignificant role is “automatic stay”. This legal entity is designed to preventindividual action of creditors. Different factors play a role in the efficiency andinefficiency of the automatic stay. The main reasons for efficiency are increasingthe value of property of the bankrupt and reducing costs. The main cause ofinefficiency is the redistribution of wealth. In Iranian law, a limited scope andthe lack of enforcement of the automatic stay are regarded as main reasons forinefficiency of this legal entity. In the United States, the scope of automatic stayis wider than Iranian law, and this legal entity can be enforced in the former.Theautomatic stay is unavoidable in Iranian law, whereas there are different viewsin U.S. law in this regard.
Reza Maghsoudi Maghsoudi
Abstract
The general rule of abuse of right has been used in many legal contexts,including contract law and family law. Rules and norms on private internationallaw have been affected by this general rule. Forum shopping in conflict offorums and evasion in conflict of laws are the current issues which confront ...
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The general rule of abuse of right has been used in many legal contexts,including contract law and family law. Rules and norms on private internationallaw have been affected by this general rule. Forum shopping in conflict offorums and evasion in conflict of laws are the current issues which confront withthe abuse of right. Different legal systems have, however, adopted differentapproaches by considering historical origins and social structures. In commonlaw tradition, forum shopping rule has been used for declining jurisdiction,whereas civil law system is unfamiliar with this concept. On the other hand,while evasion is, historically, regarded as one of the obstacles to theenforcement of foreign law in civil law regime, public policy and mandatoryrules are the only barriers in the enforcement of foreign law in common law. InIranian law, none of these rules have been formulated and as a result, theadaptation of these concepts with general principle is difficult.
Sam Mohammadi; Mehdi Fallah
Abstract
To understand the principle of freedom of contract and its moral basis as well asits source in our jurisprudence and law, we must not seek this principle injurisprudential texts. The examination of moral principle shows that theprinciple is embedded in its concept. These rules are freedom of contractformation ...
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To understand the principle of freedom of contract and its moral basis as well asits source in our jurisprudence and law, we must not seek this principle injurisprudential texts. The examination of moral principle shows that theprinciple is embedded in its concept. These rules are freedom of contractformation and freedom of forms. This paper just argues that the most importantrule set forth in the principle of freedom of contract means freedom of formsbecause of the extension of subject. By exploring verses, reports, Jurisprudentialand legal sources, it can be stated that the rule of freedom of forms embedded inthe principle of freedom of contract is rooted in moral principles, such asgeneral principle of loyalty to the covenant and compliance of action with intentthat entered into legal system in the form of freedom of contract principle afterbeing adjusted and reformed.
Amir Vatani; Sayyed Ghasem Zamani; Jafar Zanganeh Shahraki
Abstract
Compensation for damages arising from a breach of contractual obligationsshould place the injured party in the position he would have been in had thecontract not been breached. By accepting the idea of full compensation, theUNIDROIT Principles of International Commercial Contracts as well as theConvention ...
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Compensation for damages arising from a breach of contractual obligationsshould place the injured party in the position he would have been in had thecontract not been breached. By accepting the idea of full compensation, theUNIDROIT Principles of International Commercial Contracts as well as theConvention on Contracts for the International Sale of Goods (1980), judicialprecedents, and international arbitration awards have recognised this approach.Despite the recognition of the principle of compensation, this theory is subject tocontroversy in Iranian law, particularly in the event of damages caused by theloss of anticipatory benefits. From justice and economic efficiency perspectivesand for the sake of adapting Iranian commercial rules with ones reflected ininternational trade instruments, and for considering the affirmative religiousjurisprudential principles, it is recommended that effective steps should be takentowards the removal of all existing legal barriers in Iranian law.
